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pappu

12-18 09:07 AM

Don't be too happy since it moved May 2001 for India. DOS is moving the dates solely based on the demand from the USCIS. They dont know what is DOL cooking ( or they dont care). The BECs have roughly done half of their work. Thats about 180K. Another 180K ( roughly) are pending. So once they all cleared we may get a better picture of the Plight of EB3 & EB2.

My guess is that anybody who has a PD (India)

Jan 2003-Dec2003 9 years Jan04-Dec04 12 years Jan 05 > 15 years as per present law.

This also underlines the importance of an effective lobbying. We have to make this baby organization to a much stronger one. With lots of dollars and lots and lots of people. In my opinion we should have at least 75K active contributing members.

One good thing is that people who came to US recently ( after 2004) and who apply PERM get things done in 8 months until I140. At I140 they realize they cannot move forward. They are slowly understanding the agonizing situation we are all in. I hope this will eventually turn in more people to immigration voice. Good luck to all babu

well said. We have better chance of success if we are a stronger organization. Efforts by members need to happen everyday and not only on the day when senate/congress is in session and discussing a bill. We can achieve success if every member is actively involved in the action items.

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tapukakababa

03-11 02:01 PM

Anyone with real experience and have been through this.. please help me?

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BadDeal

05-20 05:02 PM

Can you please let me know which service center (Texas or Nebraska) processed yours and your wife's I485 application.

If you don't mind can you please let me know how long it took to receive I-485 receipt notice and Finger print notice (for your wife).

My situation is

Priority date is 08/01/06 (EB2). Becoming current on June 1st 2011. Need to add my wife as dependent to my green card process (she is in US in H4 status now). Texas Service Center is processing my I-485.

Hello,

I am also in the same situation. I filed 485 in July 2007 and got married later. I will be filing my wife's 485 in June. I was wondering how long will it take for her to get her 485 approved.

Is it a good idea to start a thread to track spouse I-485 filing post July '07 approvals?

Thanks!

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alterego

02-01 11:18 PM

Seems to me, whether we like it nor not, whether it is fair or not, whether it is sensible or not, whatever, whenever this issue has come up since 2005, despite efforts to separate them our issue is tied up with the fate of the issue of the illegals in legislators minds. American legislators(collectively) don't seem willing or able to deal with these issues separately. So, though from a philosophical perspective I remain neutral on the issue of legalization of the status of illegal immigrants, I feel our best interests are served with a pro CIR candidate, whatever the stated position about legal highly skilled immigration. They simply don't seem ready to move on that without CIR. Whatever the consequences for the economy and global competitiveness.

Overall a McCain vs either Obama/Clinton would be OK for us, since at the very least the temperature of the debates on the issue of immigration will be less and the tone of the debate more rational and reasoned. Also that match up would make it less likely for a 3rd candidate. Romney would have fanned the flames of the anti immigrants. I write in the past tense because the or"MITT"uaries on that campaign are already being written for publication after Feb 5th.

Agree with logiclife that election of pro immigrant senators would help. That seems to me, to mean democratic gains except blue dog democrats, since that would help them push legislation through. All in all we want immigration to remain in the discussion, but the conversation to be less emotive and more reasoned and rational and civil.

Ombudsman had correctly predicted this fiasco back in June before the dates were made current:

There will be severe consequences from rapid fluctuations in priority dates. If the priority date became current today, due to delayed USCIS processing and thus underutilization of visa numbers, some have predicted that within a few months as many as 500,000 to 750,000 individuals now residing in the United States under a temporary worker visa could apply for a green card. Additionally, DOL’s recent backlog elimination efforts, scheduled to be completed by September 30, 2007, are predicted to add 70,000 or more approved labor certifications yielding as many as 170,000 additional green card applications. As USCIS begins to complete these applications and request visa numbers from DOS, the 140,000 statutorily authorized visa numbers will be used. DOS then will be required to retrogress priority dates. Consequently, most applicants in this scenario will find themselves trapped where as they anticipated timely receipt of a green card, their wait exceeds seven or more years. In addition, all future employment-based green card applicants effectively would be barred from applying for many years.38

http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf

Yes, if USCIS makes the dates current again it will be a great help. But unless we try to get the visa numbers increased we might still have to wait for SEVEN or more years in "same or similar" job.

EAD is usually issued only for one year but USCIS has the option to issue EADs for a longer period of time based on this regulation:

"DHS on July 30, 2004 published an interim regulation that amends 8 CFR sec. 274a3. USCIS now has authority to issue EADs for periods greater than one year. This regulation recognizes the system is overburdened. However, USCIS has not implemented this reform probably due to the potential revenue loss."

Source: "Immigration and Nationality Law Handbook 2007 Edition", published by AILA

This can be done without changing the law. If USCIS is afraid to lose its revenue they can change for 2 or 3 years ahead. I believe this may be a good choice for people whose visa number will not be available for several years. Any comments?

I thought EAD renewals are now free (included in the initial filing fee if filed after July 31). So no revenue loss and less workload for USCIS if they go for 3 years.

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MARY_GC

08-24 06:52 PM

I did exactly the same thing. I had a EB3 May 2004 I-140 approved and I applied 485 with this. during the first quarter of this year, I applied a new labor in EB2 and got it approved in 2 months. I applied I-140 EB2 in premium on 29th June and got it approved. Now my lawyer is going to interfile this new I-140 with my existing pending 485. First of all, dont worry with your old 140 while applying new one. They would not touch your old 140. The only issue right now is that there is no PP of 140 so you might need to wait up to one year to see 140 approved and that might kill the purpose.Just pray that they start PP soon.

Thanks for ur information.I had 2 more doubts. 1)when i'm doing interfiling i will be doing the same for my spouse &kid also.So,they too will get their 1-485 applications changed from eb3 to eb2 with the priority date of eb3 right? Or is this interfiling only possible for principle applicant's I-485? 2) After reading ur case one doubt i had is that for me i already filed I-485 under eb3 & now about to start eb2 from the scratch perm,I-140 etc.so while eb2 process is going on at some point of time whether i need to say i have already applied for I-485 under eb3?If so it will make matters more worse right?I know U didnt go through this as u have started eb2 process well before applying for eb3 AOS.(U told u got even ur eb2 I-140 approved under PP)Still,i hope u would be able to comment on this as u might have thought of all the risks associated in interfiling before going ahead.thanks once again.

If you live ourside of US and work for an non-US Company then you are not in H-1B; you will be in Spanish resident visa status. However, on your return to the previous company in the US, you can recepture the time spend in Spain on your H-1B visa.

I would try to explore the remote working options from Spain for the US employer.

Yesterday, the U.S. government agreed to delay until May 21, 2009, implementation of a new rule requiring federal contractors to use the federal government�s E-Verify employment eligibility system. SHRM and other associations requested this extension after the president�s Chief of Staff, Rahm Emanuel, issued a memorandum to all agencies stating that agencies should consider extending the effective dates of all regulations that were published in the Federal Register but that have not yet taken effect. While SHRM, the U.S. Chamber of Commerce, Associated Builders and Contractors, HR Policy Association, and the American Council on International Personnel still have a lawsuit pending against the government challenging the legality of the federal contractor mandate, this agreement suspends court proceedings in order to allow the Obama Administration an opportunity to review the rule.

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yabadaba

06-14 08:04 PM

lets say we dont apply for ead and ap now...will that affect filing ead and ap in the future if the priority dates retrogress?

I know people might have answered this before. So, sorry for any redundancy. I have a query. If I travel outside of US on my valid H1B visa and when I am out of US, my 485 gets approved. What happens then? Say, I do not have AP with me. Will I have problems entering the US?

You can enter on H1 on "deferred inspection" status. Google for deferred inspection for more details.

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locomotive36

11-15 10:31 AM

Posmd,

Firstly, if you notice, this topic has been posted under 'Interesting Topics' category where everthing from Vonage to cinema are discussed. IV has such a category to discuss topics like this, which may not have any direct relation to immigration.

Secondly, the time it would have taken to post your meaningless rant, you could have cast atleast 3 votes for the CNN Hero of your choice and not necessarily Narayanan Krishnan.

Thirdly, I support Narayanan Krishnanan over the others because - To cook, feed and take care of homeless, mentally ill and abdoned people every day, rain or shine, in addition to sacrificing your own aspirations and material pursuits, is a noble deed. When selfless supreme beings like Narayanan Krishnan do things are they are doing every day, my heart goes out to him.

Again, you are free to vote for whomever you like or refrain from voting altogether. Its your choice. Iam spreading the word about the good deeds by a noble person.

IMHO,Since the validity of the 797 starts by Nov 09,thet will take precedence over your entry now.I had a similar issue and asked an online question to https://help.cbp.gov/.I had traveled to canada and my I-94 expiry was the visa expiry date(oct 08).However,my 797 was valid till june 09. They told me that the 797 date was valid and I got a renewal after that till 2012.I believe you should not have an issue here....Now then, I am not the authority here too.

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creativeFuzion

01-01 05:02 PM

What about the gradient in the background of your sample entry?

I was wondering the same thing.

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pbojja

02-09 08:34 PM

Link - The link is not working.. Krishna/Sri, could you give me the correct link.

Thanks Krishna / Sri for very useful information. I will try this option before the other ones.

Thank you very much.

You can give it a try ..It did not work for me so I travelled . Yes you need visa for Canada .

mdmd10

09-14 07:58 PM

Just got approval emails for both me and my spouse.

fromnaija

04-05 04:27 PM

I am in similar situation with only three months left on my H1. My strategy is to apply for three year extension through current employer (done). Transfer to new employer only when I have an approved three year extension and then reapply PERM, I140 in EB2. I don't think 7 months are enough to get to I140 stage. Give room for things going south and for RFE if any.

Being from ROW, porting PD is least of my worries because PD for EB2 ROW is current so I don't really have to port my PD. My only concern is if I have enough time to get my I-140 approved from the new employer so that I can continue to extend my H1B. From my calculation above, there is enough time but I am not sure if have missed any steps or miscalculated the processing times.

As for EB2 from the current company, that isn't working out well hence the drastic measure to move company.